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Driving Under Influance

Posted by John Rutkowski | Jan 17, 2018 | 0 Comments

Driving under influence crimes -- Search and seizure -- Evidence -- Blood test -- Trial court properly denied motion to suppress results of warrantless blood alcohol test administered to defendant who was injured in accident and induced into a coma at trauma center based on totality of circumstances, including the seriousness of the accident and testimony that a warrant would have taken at least four hours to obtain -- Double jeopardy -- Where defendant was convicted of DUI manslaughter, DUI causing serious bodily injury, and DUI causing damage to property or person, two additional convictions for DUI violate double jeopardy and are to be vacated.

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.


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John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.